Judge Blocks NW f/as right to strike

[Kev3188]

Jenny, do you mean to say that NW is in the process of recalling all of the F/A's on layoff status? In my opinion, that may not be good news for your work group.

...Or maybe they're doing it to get them off the books permanently (which could then open the door to hiring scabs)?


Do the F/A's have the same recall language as the IAM and (I think) AMFA have, where if you're offered a permanent recall and decline it, you're done?

 

[ThirdSeatHero]

Sorry Bear96,


missed this last part of your post.

Er, what is it I trust blindly? I just don't like people misrepresenting what the law does or does not say.

If by this statement you are inferring that I am misrepresenting what the law does or does not say, please by all means, what does it say? I'm offering an argument/opinion, that up til now no one seems to counter with anything more than a vague combination of...

Theres an overlap,...a contradiction, the judges have it so there must be something...

I have become well versed in both articles in question. One, as a former 18+ year union member, the other as it affected my former employer for over 3+ years. No, I am not a lawyer, but last time I checked it wasn't a requirement to post on this board. I come here to read, comment, debate, and in many cases read/offer an informed opinion.




........oh and flirt with Jenny B)

 

[Nor'Easta]

they're recalling everyone! And the drama continues.............

Yes they're!



AFA-CWA NWA Special E-mail Newsletter

06SEP06



Northwest Airlines announced today that it is recalling all 1,131 voluntary and involuntary furloughed flight attendants. All furloughed flight attendants will be returning to work September 30, 2006 as part of an involuntary recall.



The Association of Flight Attendants is pleased to see our union brothers and sisters reappearing on the line. Their return indicates Northwest’s continued growth and the airline’s return to profitability. The timely recall decision follows Northwest’s recent financial gains.



Managements plan calls for mailing letters tomorrow, Thursday, September 7th, to the homes of those affected individuals. Individuals will have just 7 days to respond. Please refer to Section 14 of the Imposed Work Rules for the recall provisions. Any individual who does not respond during that time will be considered to have voluntarily resigned.



If you know of anyone who is in this group, be sure to notify them.



For frequently asked questions and answers, please see http://www.nwaafa.org/default.asp?id=371 ). If you have any other questions, please e mail them to us at [email protected] and we will include them in our FAQ link.



Please join us in welcoming our returning flight attendant colleagues.



Remember, even though management has rejected our contract, the imposed work rules are in place and can be enforced. Observe the imposed work rules. If management commits a violation, contact AFA about filing a grievance.



This concludes your special hotline message.



Stay tuned, Stay informed, Get to a CHAOS expo, the code word is “PREPAREâ€￾.



Take care of your self, and each other.

 

[hp_fa]

OK, involuntary recall. Does the company know the judge is going to rule against them and forcing the recallees to show up or be fired? Of course they could show up and then CHAOS.

Something is going on......

 

[eolesen]

The timing of the recall is pretty odd.

Does the imposed contract include any language as far as job security, recall rights or severence whatsoever for those furloughed after its implementation?

 

[jenny@nw]

The timing of the recall is pretty odd.

Does the imposed contract include any language as far as job security, recall rights or severence whatsoever for those furloughed after its implementation?

Not odd at all, they are just gearing up for a big show for all to see!

Let's see.....

...Or maybe they're doing it to get them off the books permanently (which could then open the door to hiring scabs)?

I think so! here we go again! Round 2 ! Here comes the scabattendants. (yeah and PTO said that they were already in training 6 months ago... )

Do the F/A's have the same recall language as the IAM and (I think) AMFA have, where if you're offered a permanent recall and decline it, you're done?

Yep again.


Nope I don't think this is a positive thing either. The witches of Eagan are brewing something in Bldg. A....

Does the fairy afamother have magical powers to turn this thing around?

Stay tuned as the drama continues......

 

[Zarah]

The union should make an effort to educate these returning flight attendants on the current situation at NW. They will have a vote on any new contract and being out of the loop they could swing any contract in the companies favor.

 

[tech2101]

The union should make an effort to educate these returning flight attendants on the current situation at NW. They will have a vote on any new contract and being out of the loop they could swing any contract in the companies favor.

My thoughts exactly Zarah. NWA will bring back as many of the recalled F/A's (with little seniority) as they can for two reasons.
1) They will have them in place around the system to scab if chaos happens (not likely) or
2) They will vote on the next AFA T/A. Their votes will make any T/A pass. Then NWA will count on the Senior F/A's leaving after dumping their pensions etc...and they will have a hiring program to bring in a new crop of Burger King wage F/A's in addtion to the recently recalled. All the while the AFA will be thumping their chest saying how they saved and created all these dues payers jobs.

 

[Nor'Easta]

The union should make an effort to educate these returning flight attendants on the current situation at NW. They will have a vote on any new contract and being out of the loop they could swing any contract in the companies favor.

You nailed that one! AFA better start to educate the recalled flight attendants. Also, all current line flight attendants better do the same.

The only questions is... How many will actually return from involuntary/voluntary furlough???

 

[West Side Story]

Sick leaves spike at NWA

Attendants deny it's a job action; airline watches attendance closely

BY SHERYL JEAN
Pioneer Press
Thu, Sep. 07, 2006

Tensions appear to be escalating among Northwest Airlines' flight attendants as they await a federal judge's decision on whether they can strike.

Northwest Airlines said Wednesday that it's seeing an "unusually high" level of sick leave among its flight attendants. The airline provided no numbers and wouldn't comment on whether the increased absenteeism has caused flight delays.

The union for Northwest's flight attendants didn't authorize such actions, and the sick leave is not "a form of planned Chaos," said Mollie Reiley, interim president of the Association of Flight Attendants-CWA at Northwest.

"Chaos" is the union's term for sporadic strikes that may include a few workers on a single flight or a whole crew at an airport. A federal judge has temporarily blocked the union from such actions while he considers the issue of whether a strike is legal against an airline in bankruptcy.

"The union is absolutely not advocating, or will we ever advocate, any work action that would imply this," Reiley said.

However, Reiley said she's not surprised that flight attendants are taking more sick leave, citing longer days and increased flying. She said Northwest told her Tuesday that it was seeing sick leave near Christmastime levels, a period when absenteeism spikes.

"For them, that's potentially problematic," Reiley said about Northwest. "They were beginning to have operational concerns.

Eagan-based Northwest declined to comment on whether it views the increased sick leave as Chaos.

"We recognize these are difficult times and that the vast majority of flight attendants are maintaining good attendance," Northwest spokesman Roman Blahoski said. "However, the company is experiencing unusually high rates of sick (leave), and inflight services is carefully monitoring absenteeism at all bases."

Labor experts say there's a fine line between perception and reality.

"What it looks like — and this is why the flight attendants have to be very careful — is that the flight attendants are going on a strike as such … to incur some costs on Northwest to force them back to the bargaining table," said Gary Chaison, professor of industrial relations at Clark University in Worcester, Mass. "You can't prove that the flight attendants aren't ill. If they do have a sickout, this might be really seen in a negative way by the federal judge."

John Budd, a labor-relations expert at the University of Minnesota's Carlson School of Management, said it's possible that a sickout of sorts could occur without formal union involvement.

"We can all imagine the stressful conditions flight attendants are working under — the increased risk of terrorism and they've been forced to work more hours for reduced pay," he said. "It just may be that flight attendants are feeling more stressed out and responding by physically getting sick or calling in sick."

Northwest flight attendants have been working under an imposed contract since Aug. 1, after rejecting two proposals. The contract cut wages by 21 percent, reduced benefits and changed work rules. The airline and the union have said they're open to negotiating a consensual agreement, but no discussions have taken place since July 31.

On Tuesday, the AFA sent a letter to Northwest objecting to the airline's imposed sick leave policy. One issue is the airline's recent notice to hundreds of flight attendants that they need doctor's notes for any sick leave because they've shown a "historical pattern of abuse" of sick time, Reiley said.

Northwest's imposed contract cut flight attendants' sick pay to 75 percent of wages and sick leave accrual to three hours a month from five hours. Flight attendants, who can accrue 850 hours of sick leave, typically need a doctor's note to take more than three sick leaves within 12 months.

A recent memo from Brenda Van Sandt, Northwest's managing director of base operations, to all flight attendants stated: "The level of absences we are now seeing cannot be explained by reference to historical norms and suggests that some level of misuse of sick may be occurring. … The use of sick leave for any other purpose places an employee at risk for disciplinary action."

Northwest would not comment on whether it plans to discipline any flight attendants.

 

[Bear96]

Yes, I'm aware of that. What I find interesting is that I merely take you to task on YOUR flippant comment, and suddenly I'm on a "tirade".

Yes. You are on a "tirade" because you are very angry (printing in bold font with liberal use of caps) and are not bothering to read and understand what I am saying (see below). Additionally, you seem very eager to lash out at someone -- anyone -- i.e., me -- even though ultimately we agree on the main issue.

AND AGAIN I ASK: WHERE IS YOUR ARGUMENT?

Where do the laws contradict? What is the basis of your argument?

What "argument" do you think I am trying to make? As I have noted before, but apparently you are not noticing in your anger (see discussion re: "tirade," above), I agree with you that ultimately a union has the right to strike in this situation.

My only comment -- which you fail to take the time to understand, or are too angry to understand (again, see discussion re: "tirade," above) -- is that people who are saying over and over, "The legal issues in this are clear! See the RLA!" are not appreciating the complexities of the case. They are only able to see the world in black and white. It just isn't that simple.

And no, I am not going to lay out the other side's position in detail, because (1) I don't fully buy it, and (2) I just don't have time. Feel free to read througn NW management's briefs if you want to, which I am sure lays their position out very well. However, I imagine the skeletal outline of their position goes something like this: (1) 11 U.S.C. 1113 lays out steps we had to follow to toss out a CBA; (2) The court found we followed those steps; (3) Therefore we can reject the CBA; (4) 11 U.S.C. 1113 does not refer to a right to strike if the steps are followed, but rather Congress recognized that a bankrupt employer is in a precarious position and so, consistent with other principles of reorganizational bankruptcy, a debtor has special ability to get out of contractual obligations; (5) notwithstanding point # 4, Congress also recognized that for public policy reasons, CBAs deserve more protection than other executory contracts in bankruptcy and so it enacted Section 1113 to provide special protections for employees, making it harder for a debtor to reject labor contracts than it is for the debtor to reject other executory contracts (for example, with vendors); (6) these additional protections serve to adequately protect employees while still balancing the goals of a reorganizational bankruptcy and therefore should supersede other laws while the company is in bankruptcy.

Don't ask me to defend that argument passionately (for the reasons I gave above), but that is probably what employers in bankruptcy generally would argue in this situation.

The FARs that govern aviation in this country aren't mentioned in Title 11 either, but by your BENT logic NWA should be able to throw those out too just because they're in Bankruptcy.

Don't put words in my mouth. I did not say just because NW is in BK they can do what they want to. But a debtor would probably argue that if there is something in the BK code addressing the issue, that should govern. Nothing in the BK code addresses anything like FARs. By comparison, something in the BK code does indeed address rejecting CBAs.

 

[DCAflyer]

The union should make an effort to educate these returning flight attendants on the current situation at NW. They will have a vote on any new contract and being out of the loop they could swing any contract in the companies favor.

Good point. Perhaps that is why the company is recalling them, hoping that it will swing the next vote in the "yes" direction.

 

[jenny@nw]

Good point. Perhaps that is why the company is recalling them, hoping that it will swing the next vote in the "yes" direction.

Think they are just preparing since there's an OVERAGE. Even the VF are commin' home.

The NWA-AFA show is about to begin.

 

[MCI transplant]

Think they are just preparing since there's an OVERAGE. Even the VF are commin' home.

The NWA-AFA show is about to begin.

<_< -----jenny, I think your right! Maybe management thinks it can turn the recalled F/A's to the Dark Side! And Scab, if it comes to an all out Strike? Be prepared SkyWalker!!!!!

 

[ThirdSeatHero]

Yes. You are on a "tirade" because you are very angry (printing in bold font with liberal use of caps) and are not bothering to read and understand what I am saying (see below). Additionally, you seem very eager to lash out at someone -- anyone -- i.e., me -- even though ultimately we agree on the main issue.

So I'm angry, on a tirade, and lashing out because I use bold font and make liberal use of capitals......hmmmmmm.

An incorrect premise which will have to remain your problem. B)

I was looking for a solid debate on this issue, you seemed incapable or unwilling to answer the most basic form of my question. I asked the same question I asked you repeatedly on another thread and received 3 separate solid counters. Since I see you're also now there, I'll take the rest of this over to that thread.